SELLING CONDITIONS

Art. 1 – General Provisions

1.1.  These general terms and conditions for online sales regulate purchases of beachwear products – swimwear, beachwear cover-ups and accessories -, lingerie products and multi-brand clothing made by any natural person who qualifies as a consumer (the “Customer”), i.e. a natural person who concludes a purchase contract for the satisfaction of everyday needs unrelated to entrepreneurial or professional activity (in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005) on the e-commerce website Maristellamare.it, owned by:

Maristella Mare S.r.l.
VAT NUMBER 00992150037
Via Strera 121/a
28047, Oleggio,  NO
Italy

1.2. Before proceeding to purchase products on Maristellamare.it, the User is obliged to consult these General Terms and Conditions of Sale, which in case of purchase are considered to be accepted.

1.3. The Purchase Agreement may be finalised, at the Customer’s choice, in any of the languages available on this website:
italiano. Italian


Art. 2 –Subject of the contract

2.1.  Maristellamare.it sells: beachwear – swimwear, cover-ups and accessories, clothing.

2.2.  The products are sold with the characteristics described on the Site and according to the general conditions of sale published at the time the order is sent by the Consumer, to the exclusion of any other conditions or terms. The basic features of the products are presented on the Site within each product sheet. The images and colours of the products offered for sale on the Site may, however, be subject to slight change and/or not correspond exactly to the real ones due to the effect of the browser and monitor used.

2.3.  The prices of the Products on sale on the Site, and/or their characteristics, are inclusive of VAT and may be subject to change. These changes apply only to orders not yet confirmed at the date of the change.

2.4. The availability of products indicated on the site refers to actual availability at the time the Customer places the order. This availability must however be considered indicative because, due to the simultaneous presence on the Site of several users, the Products may be sold to other Customers before the order is confirmed. If the products in the order are not available, the order will be automatically rectified with the deletion of the unavailable product, the Customer will be notified by email and reimbursed with the amount paid to Maristellamare.it.

2.5.  The Products available on the Site can be purchased and delivered in Italy according to the times and rates provided for in Article 4 hereof.


Art. 3 –Contract completion and payments

3.1. Once identified the products he wants, the Customer can place them in the cart and proceed to purchase. To place an order, the customer must follow the online purchasing procedure and click the ‘Place Order’ button. Subsequently, once payment has been made, the Customer will receive confirmation of receipt of his order by e-mail. The e-mail contains the customer’s data, the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.

3.2.  Maristellamare.it accepts the following forms of payment:

3.2.1. Credit Card: at the time of purchase, customers enter their credit card details into a secure electronic banking system provided by Banca del Piemonte and WorldPay. In the course of the purchase procedure, the user will be temporarily redirected to the page of the www.bancadelpiemonte.it website. Purchases can be made by Visa or Mastercard. Please visit www.sella.it and www.worldpay.com for more information.

3.2.2. PayPal: the buyer who has an e-mail address can make and receive payments, upon registration, through PayPal. Payment is made through the PayPal payment platform


Art. 4 – Shipping, times and costs

4.1  Orders are usually processed and shipped within 24/48 working hours. Orders arriving after 2 p.m. on Friday are dispatched the following Monday.

4.2  Domestic shipping (Italy): shipping within Italy is free of charge above € 100. Below this amount, € 6.50 will be charged. Delivery time is estimated at 24-48 hours from the date of shipment. 

4.3  Shipping to EU Countries: the delivery is generally expected within 5 business days from the date of dispatch. Shipping costs to San Marino and to EU Countries are €15.


Art.5 – Right of withdrawal

5.1. In accordance with the provisions in force, if the customer is not satisfied with his or her purchase, unworn items may be returned for exchange or refund. The return shipment must take place within 15 days from the date of receipt of the goods and exclusively by the courier indicated in the return authorisation whose request should be forwarded to page: https://www.maristellamare.it./resi-rimborsi/

5.2. General terms and conditions: the garments must not have been worn, washed or altered and must not show any signs of use. Each garment must be returned with all original labels, packaging and accessories received with the order and which must not have been damaged and/or altered in any way, nor used as the only outer packaging. In the event of the Customer receiving defective goods, or if Maristella Mare S.r.l. makes mistakes in the shipments, the above instructions should be followed. Maristella mare s.r.l. reserves the right to request photographic evidence before authorising returns of defective goods and taking responsibility for the cost of shipping the goods back to the company’s premises. Swimwear (bikinis, briefs, one-piece suits etc.) must be tried on over one’s personal underwear. Returns of such items will be refused and returned to the Customer if the transparent hygienic protection label has been removed, or if the items show signs of use. Maristella Mare S.r.l. reserves the right to refuse unauthorised returns or returns sent with couriers other than the one indicated in the email with the return instructions. Maristella Mare s.r.l. will not accept returned goods if the return does not comply with all the terms and conditions of the return policy. In such cases, goods will be returned to the sender at the original shipping address. For all aspects not specifically expressed, the European regulations for distance selling shall prevail.

5.3. Guarantee – The consumer user is entitled to a guarantee on the conformity of products and services purchased. The duration of the guarantee is 24 months from delivery of the goods and the failure to conform must be notified to the management within 1 working week of its discovery.

In order to exercise the right of guarantee, the User must send an e-mail to the management, compulsorily indicating the order number and an accurate description of the fault (it is advisable to attach photographic material as well).

All elements are essential and will be verified by the management before responding to the User.

If a failure to conform is ascertained, the User has the right to obtain, following return of the defective product to the management, its repair or replacement. The User also has the right to demand from the management a reasonable reduction in the price or termination of the contract if repair or replacement is impossible or excessively expensive, if the management has not repaired or replaced the goods within a reasonable period of time, or if the repair or replacement previously carried out has caused major inconvenience to the User.

5.4.  Return policy: unworn items may be returned for size change or refund.

5.4.1  Size change (for orders delivered in Italy only): No return transport costs are charged.  There is only one free exchange of goods per authorised return.

5.4.2. RefundFor orders delivered in Italy, in the event of a return with refund request, the cost of return shipping is borne by the customer and will be deducted from the partial refund. The cost of shipping is euro 6.50.

For orders delivered in other EU Countries, in the event of a return with refund request,  the client will assume the expenses incurred in the transport logistics to Maristella Mare Srl. Choose a courrier (e.g., the Post Office) and send it to the address below:

Via Strera 121/a, 28047, Oleggio, NO, Italy

Refunds will be processed as soon as the receipt, verification and acceptance of the returned item is completed. For orders paid by credit card, the refunded amount will be available to customers within 15 days and will in any case be shown on the next card statement. The timing may vary slightly depending on the bank circuit of the credit card used. For orders paid for by Paypal the amount will be returned to the original account.


Art.6 –Privacy and data processing

6.1 The Customer’s data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the “Privacy Policy” page on Maristellamare.it, containing the Privacy Policy, pursuant to article 13 of Legislative Decree 30 June 2003 and article 13 of EU Regulation 2017/679.


Art. 7 – Applicable Law and Jurisdiction

7.1 These General Terms and Conditions of Sale are governed by Italian law. For anything not specifically mentioned in these Conditions, reference is made to Legislative Decree 206/2005.
For any dispute concerning these Conditions or the sale of the products, the court of the place of residence or domicile of the purchaser-consumer, if located in the territory of the State, shall have jurisdiction, without prejudice to Article 19 of Legislative Decree 70/2003.

7.2. Pursuant to article 14 of EU Regulation No. 524/2013 and the ODR resolution set forth in Statutory Instrument No. 500/2015 in force as of 15 February 2016, we inform you that the Consumer may also optionally resort to the mediation procedures set forth in Legislative Decree 28/2010 for the resolution of any disputes arising in the interpretation and execution of these terms and conditions of sale, by accessing the following portal: https://webgate.ec.europa.eu/odr.

Art.8 – Force Majeure

8.1   Maristella Mare S.r.l. shall make every effort to fulfil its obligations. However, Maristella Mare S.r.l. cannot be held responsible for delays or non-delivery caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, acts of terrorism, natural disasters and any other event that makes the production, transport or delivery of products impracticable.
8.2 In the event of delays in the delivery of products for the reasons set out at point 8.1 above, Maristella mare S.r.l. shall ensure that its obligations are met as soon as possible and shall distribute the remaining stocks of its products fairly among its customers.

8.3. Unavailability of articles

Maristella mare S.r.l. declines all liability should the article requested, confirmed and paid for be unavailable during the processing of the order for any reason whatsoever (unintentional damage by the operator, product breakage during packaging, discrepancies between electronic and real availability, theft), Maristella mare S.r.l. will promptly notify the customer and will proceed to re-credit the payment received with the normal procedures provided for by the credit card company. If the product is not delivered within 30 days from the order confirmation notification, regardless of the reasons preventing such delivery, Maristella mare S.r.l. shall reimburse the payment received and the customer shall undertake to return the product delivered late. It is up to the parties to agree on new delivery times.

Conditions updated on: July 2023